tag:blogger.com,1999:blog-9974372Thu, 22 Jun 2017 03:40:23 +0000JDK at Blogger.ComConservatism = plutocracy + theocracy + hypocrisy <br> Liberalism = plutocracy + doctor-state + hypocrisyhttp://jdkabc.blogspot.com/noreply@blogger.com (John Kennard)Blogger124125tag:blogger.com,1999:blog-9974372.post-4459237343383382616Wed, 21 Dec 2016 21:55:00 +00002017-01-07T12:16:43.232-05:00Sex and Law in AmericaHere is a secular law, which should also be Constitutional Amendment, against the folly and worse of "gender theory":<br /><br />"1. Only biological, genetic, congenital sex shall be recognized (but see section 3 below).<br /><br />"2. Marriage shall only be between biological, genetic, congenital male and female (but see section 3 next).<br /><br />"3. a. Congenital genetic intersexual state shall be medically treated case-by-case, and resulting sexual approximation recognized.<br /><br />"3. b. Congenital physical intersexual state shall be medically approximated to genetic sex.<br /><br />"3. c. "Sex-change" for purpose other than that of this section is prohibited and its result shall not be recognized."<br /><br />Let the triumph-of-the-will sophists of "gender" and perversion openly and honestly meet this, in public debate, vote, and referendum.<br /><br />Indeed, what sexual stereotyping can be worse than the pretense that there are male and female minds?<br /><br />What can be more despicable than deliberate attempt by parent or teacher to enable or induce sexual confusion in a child?<br /><br />And <i>Cui bono</i>? from such confusion?<br /><br />Finally, note that any attempt to base opposition to "gender theory" etc. on Biblical is quite properly opposed on Federal Constitutional anti-theocratic ground.<br /><br /><br />[Keywords: biology, democracy, doctor-state, "gender",<br />sex, theocracy]<br /><br />http://jdkabc.blogspot.com/2016/12/sex-and-law-in-america.htmlnoreply@blogger.com (John Kennard)1tag:blogger.com,1999:blog-9974372.post-8096270567994158619Fri, 07 Oct 2016 14:55:00 +00002016-10-11T17:45:15.679-04:00SolamakAny energy-source which increases heat or greenhouse gases or otherwise adversely impacts the biosphere is not sustainable and should be forbidden.<br /><br />This includes wood, fossil-fuel, nuclear, geothermal, hydroelectric and tidal energies.<br /><br />This leaves solar and wind energies (which last is indirect solar energy for the most part).<br /><br />Both should be exploited in as decentralized a fashion as possible, for robustness and to evade monopoly.<br /><br />The problems with solar energy include efficiency, storage and (in photocells) use of rare minerals (with their environmental and monopolistic problems).<br /><br />An interesting spin-off from fusion research suggests an admittedly "Big Power" solar-energy system which might obviate all three.<br /><br />The Tokamak nuclear-fusion-reactor design involves in its classic form a toroidal (donut-shaped) fusion-plasma circulating within magnetic confinement.<br /><br />But cannot a lower-energy, toroidal electron-plasma (or even proton-plasma), not necessarily magnetically-confined, be accelerated by collected and concentrated sunlight?<br /><br />Call such system a "Solamak".<br /><br />Solamaks will be more efficient than most solar conversion tchnology, will store energy in the form of plasma momentum to the limit of confinement (a proton-plasma might be better here), and will not require rare minerals (or even, very possibly, metals or glasses--see below).<br /><br />Furthermore, much of the needed engineering (e.g. electrical conversion) has already been accomplished, in the work on Tokamak designs.<br /><br />Solamaks might be used not only in high-solar regions but also placed on ships or barges, transported to the Equator (and even sub-Equatorial regions of problematic oceanic heating) to be charged by collectors there, and then returned to where they are needed, including being transferred in port to train-car for transport inland.<br /><br />Solamak design allowing acceleration of its plasma by external application of electricity would allow wind energy to be tied in as well.<br /><br />And with <a href="http://mechanomers.blogspot.com/">mechanomerically-selected-enzyme-catalyzed synthesis of diamond and other materials, including organic superconductors, all synthesized from organic chemical industrial feedstocks themselves synthesized from enzyme-catalyzed carbon-dioxide-capture (using photo- or electroenzymes or both)</a>, such technology might be the greenest "Big Power" of all (but might not such system be made home-sized?).<br /><br />At any rate, such technology should be either government- or non-profit-run, to forestall the theft and monopolization of and price-gouging for natural resources long characteristic of the "energy industry".<br /><br /><br />Keywords: energy, fossil fuels, geothermal, Green, Green Switch, greenhouse gases, hydroelectiricy, Solamak, sustainability, tidal power, Tokamak, wind energy, wood<br />http://jdkabc.blogspot.com/2016/10/solamak.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-6186902361859826301Sat, 01 Oct 2016 10:47:00 +00002016-10-03T05:45:01.982-04:00Twenty-One Points<br />My fellow citizens:<br /><br />I ask you to carefully listen to, and read, the following twenty-one points:<br /><br />"1. Corporations are not persons.<br /><br />"2. Political monies are not speech.<br /><br />"3. The tender, sale or purchase of access to any government official, or conspiracy thereunto, shall be a felony.<br /><br />"4. No 'fast-track' law or treaty is or shall be valid.<br /><br />"5. Treaties shall be approved by a two-thirds vote of both Houses of Congress, and then by referendums in the States, with majorities in two-thirds of them, comprising two-thirds of voters nationwide.<br /><br />"6. Offshoring of manufacturing of goods for sale in or of services to America is and shall be a felony, and movement of corporation abroad to evade this or other law an act of war.<br /><br />"7. Employment of illegal immigrant labor and other violations of the immigration laws shall be felonies, and immigration from any country limited to emigration there.<br /><br />"8. Trafficking or trading in loans or mortgages, or in distressed homes or family farms, or in securitized commodities, shall be a felony.<br /><br />"9. International lending to nations is prohibited as an act of war against those peoples and lands.<br /><br />"10. There shall be no governmental compensation of any kind for speculative or international lending losses.<br /><br />"11. Any asset the ownership of which has been concealed or falsified, or the ownership trail of which leads to a country which allows such, shall be confiscated.<br /><br />"12. There shall be fair use of copyrighted materials, including samples.<br /><br />"13. All elections and referendums shall be by paper ballot, stored for a minimum of ten years, with public access thereunto.<br /><br />"14. Any transfer of monies into any State from out of State, or into the United States from abroad, or use thereof, for political purposes, regardless of origin, ownership, route or form, or to compensate such expenditures, shall be a felony.<br /><br />"15. Any elected official may be recalled by petition by a greater number of voters than elected him or her.<br /><br />"16. Either House of a bicameral legislature may originate impeachment, to be adjudicated by the other House.<br /><br />"17. All legislative committee and subcommittee assignments shall be at random, and any tampering therewith a felony.<br /><br />"18. Legislative riders and bundled or omnibus bills shall be invalid.<br /><br />"19. Every legislative House shall record and daily publish on the Internet verbatim transcripts of all of its proceedings, other than Congressional sessions involving classified diplomatic or military, but not economic, matters.<br /><br />"20. Any legislative franking of unsolicited communication shall be a felony.<br /><br />"21. Either House of Congress by two-thirds vote, and any State by two-thirds vote in referendum initiated by petition of ten percent of the voters, may originate amendment of this Constitution."<br /><br />Thank you for listening to and reading these twenty-one points.<br /><br />They address some of the mobster practices and acts of war which have been levied against America and other countries in recent decades, and some long-time institutional failings.<br /><br />And they comprise an Amendment to our Constitution that I will submit to a special Joint Session of Congress which I will convene once I am elected President, to be approved and passed to the States for your ratification or rejection.<br /><br />Thank you again for your attention.<br /><br /><br /><br />Keywords: corporocracy, corruption, democracy, Kennard Amendment, mobsterism, plutocracy, populism, war<br /><br /><br /><br />http://jdkabc.blogspot.com/2016/10/twenty-one-points.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-140772963890880655Mon, 29 Feb 2016 21:48:00 +00002016-02-29T16:49:39.882-05:00Occam's Universe: Energy, Photon, Spacetime and MatterEnergy is transmitted through space as photons.<br /><br />Within the photon, energy is proportional to frequency, and both are inversely proportional to space (wavelength) and time (period).<br /><br />That is, in the photon, energy appears inverse to spacetime:<br /><br />The greater the energy, the less spacetime, and vice-versa.<br /><br />And while neither energy nor spacetime can be zero (since either would imply the infinitude of the other), emission and absorption of energy appear reverse and inverse absorption and emission of spacetime respectively.<br /><br />Energy thus appears an inverse measure of spacetime.<br /><br />The differential geometry used to model spacetime therefore appears appropriate to model energy and its emission and absorption as well.<br /><br />And since matter is equivalent to energy, with a very large constant of proportionality, matter appears just very much less spacetime still, and should likewise be modeled.<br /><br />Indeed, accelerating matter increases its kinetic energy and mass but shortens it in direction of travel and slows the time it experiences, which suggests once more that same relation of matter and energy and spacetime as above.<br /><br /><br />Keywords: astronomy, cosmology, energy, matter, photon, physics, spacetimehttp://jdkabc.blogspot.com/2016/02/occams-universe-energy-photon-spacetime.htmlnoreply@blogger.com (John Kennard)1tag:blogger.com,1999:blog-9974372.post-871515257882721863Thu, 04 Feb 2016 18:56:00 +00002016-02-26T13:30:24.056-05:00Greed-Crime and Wealth-Crime<i>Access is an earned, essential raw material.</i><br /><br />Lobbyist Robert Gray<br />(quoted in Jackley, <a href="https://books.google.com/books/about/Hill_Rat.html?id=YhCIAAAAMAAJ"><i>Hill Rat</i></a> (1992)<br /><i>&nbsp;</i> <br /><br />Substance-abuse courses in America are generally court-ordered subjections to doctor-state psychosociobabble jumbling pseudoscience and pseudomedicine, garbled history and breathless promise of new modes of diagnosis and therapy just around the corner (and even court-ordered religious indoctrination in the case of AA/NA--see the vid <i>The Twelve Steps</i>--apparently only government, not citizens, can violate the law, in this case the First and Fourteenth Amendments).<br /><br />Such courses succeed only in boring or annoying most of their captive participants, except those who have reason and have already chosen to try to change, for whom such courses might suggest some useful strategies, the best of which stem from the neurological observation that it is easier to learn new than unlearn old behavior (another might be the temporary use of support-groups, other than those which, like AA/NA, attack <a href="http://www.lulu.com/items/volume_64/6606000/6606353/10/print/6606353.pdf">the reality of choice</a> and further demand ‪lifelong obsession with, if only by primary self-identification as ex-abuser of, the substance in question).<br /><br />Anger-management courses are likewise generally court-ordered and similar in character to the above-mentioned.<br /><br />But as <a href="http://www.amazon.com/Sick-Puppy-Carl-Hiaasen/dp/0446604666">the philosopher Hiaasen points out</a>, we don't have, for some strange reason, court-ordered greed-management courses.<br /><br />Furthermore, while hate-crime is recognized in America, as exacerbating element of crime, greed-crime is not.<br /><br />Greed-crime consists of two elements, financial sufficiency and criminal injury of others to further enrich.<br /><br />I do not know how to define suffiency, but one would think it would be at most in the low millions.<br /><br />Again, there are crimes only commitable by wealth, or where wealth is used as criminal instrument (for example in market-manipulation).<br /><br />And where wealth is prerequisite for crime or used as criminal instrument, it should be confiscated, and where appropriate used to compensate those injured by that wealth-crime.<br /><br /><br />Keywords: corruption, crime, greed, plutocracy, wealthhttp://jdkabc.blogspot.com/2016/02/greed-crime-and-wealth-crime.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-3235371377608582512Tue, 06 Oct 2015 21:14:00 +00002015-10-06T17:15:23.104-04:00How the House of Representatives Can Stop TPP<center>The Anti-"Fast-Track"-Treaty Resolution</center><br /><br />&nbsp;&nbsp; <i>Whereas,</i><br /><br />&nbsp;&nbsp; The President of the United States of America is Constitutionally charged with the duty and responsibility of negotiating international treaties on behalf of the United States of America; and<br /><br />&nbsp;&nbsp; The Senate of the United States of America is Constitutionally charged with the duty and responsibility of advising on treaties; and<br /><br />&nbsp;&nbsp; The Constitutional duty and responsibility of the Senate to advise on treaties must involve a complementary duty and responsibility of the President to consult with the Senate on treaties; and<br /><br />&nbsp;&nbsp; The President and the Senate have in the last quarter-century on several occasions disregarded their Constitutional duties and responsibilities to consult and advise on treaties, by the un-Constitutional procedure of "fast-tracking" treaties; and<br /><br />&nbsp;&nbsp; The House of Representatives is Constitutionally charged with the sole power, duty and responsibility of authorizing expenditures and debts on the part of the United States of America; and<br /><br />&nbsp;&nbsp; Any expenditures made or debts incurred by the United States of America in consequence of treaties negotiated without the Constitutionally-mandated Presidential consultation and Senatorial advice on "fast-tracked" treaties are themselves equally un-Constitutional:<br /><br />&nbsp;&nbsp; <i>Be it resolved,</i> that<br /><br />&nbsp;&nbsp; 1. No public monies shall be expended, or debt incurred, or properties or territories transferred even temporarily, partially or conditionally, or loans or grants made, or taxes, tariffs, imposts, fees or fines imposed, modified or waived, to negotiate, lobby for, or enforce, or to render compensation in any way under, any "fast-tracked" treaty.<br /><br />&nbsp;&nbsp; 2. The previous section shall not apply to Federal compensations to American workers, small businesses, and small primary-vocation residential family farmers and ranchers, injured by "fast-tracked" treaties.<br /><br />&nbsp;&nbsp; 3. Any attempted or actual violation of the prohibitions in this resolution by any Federal official (other than President or Senator), employee, contractor or consultant, shall be investigated and, where verified, found to be and prosecuted as an act of contempt for the Constitution and this House.<br /><br /><br />&nbsp;&nbsp; [This would never make it out of committee in the House, so it should be brought to the floor in Committee of the Whole House, with recorded votes every step of the way.]<br /><br /><br />Keywords: Constitution, "fast-track", Congress, corporocracy, NAFTA, plutocracy, President, Senate, TAFTA, TPP, Trans-Pacific Partnership, treaties, TTIP, WTOhttp://jdkabc.blogspot.com/2015/10/how-house-of-representatives-can-stop.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-7861468074810207831Mon, 27 Apr 2015 22:18:00 +00002015-04-27T18:20:05.781-04:00A World Pushed Apart<br />In the beginning there was plenty of farmland and only a moderate number of people to support. But slowly the surrounding green sea of maize and forest gave way to a city of white and red plazas—with fine structures of stone, wood and thatch—all jostling for position. Soon, social standing and proximity to the dynamic pulse of the city became more important to these exuberant people than their own food production. Meter by meter, over the centuries, they usurped their richest cropland, constructing their lineage compounds on acreage that used to be fields, gradually forcing the farmers up into the margins of the valley.<br /><br />Over generations, expanding residential zones covered the best agricultural lands, forcing farmers into the foothills and then onto the mountain slopes. There they were forced to clear more and more forest to produce maize fields. Clearing, in turn, caused erosion. Shorter fallow periods were depleting the usable soils at an even faster rate, just when the kingdom was required to feed the largest population in its history.<br /><br />The cutting down of the forest also affected climate and rainfall, making it yet more difficult for people to sustain themselves. With an insufficient food supply came malnutrition and its resultant chronic diseases, rampant conditions that affected the nobility as well as the common people. The quality of life, which was never very good in the preindustrial cities of the ancient world, fast deteriorated toward the unbearable.<br /><br />A world fallen apart: There were too many people, there was too much of the forest gone, too little rain, and too much death.<br /><br />Within two centuries, 90 percent of the population in the Copan Valley system was gone. They left a land so ravaged that only in this last century have people returned to build the population back to the levels it knew. Today, the people of Copan destroy their forests once more.<br /><br />Schele and Freidel, <i>A Forest of Kings</i> (mod.)<br /><div><br /></div><div>[Keywords: environment, geocide, Green, overpopulation, population, sustainability ]</div><div><br /></div>http://jdkabc.blogspot.com/2015/04/a-world-pushed-apart.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-5592173552470519200Sun, 26 Apr 2015 19:28:00 +00002015-04-26T15:28:19.193-04:00SCOTUS: Cities and Counties Can Drive Citizens Out of Their Homes Without Trial<br /><blockquote class="tr_bq">Our Constitution is our supreme law, short of the-people-by-Amendment. It says so itself, and was so adopted. Our national leaders and officers including the military swear allegiance to the Constitution, not any leader or even the government. Not President, not Congress, not Court can overturn or nullify it, separately or together. It defines the basic architecture of our system as well as certain fundamental powers and limitations on government, many rights of the people, and its own rules of interpretation. It is a trump card for ordinary citizens in the courts, before the people and before history.&nbsp;</blockquote><blockquote class="tr_bq">Me, in a closed international forum about two years ago</blockquote><br />Cities and counties can Constitutionally drive citizens out of their homes—and kill their pets—as a matter of administrative-bureaucratic routine without trial by—or even warrant from—the independent Judiciary established by and integral to our Constitution.<br /><br /><a href="http://www.supremecourt.gov/search.aspx?filename=/docketfiles/14-8466.htm ">So ruled the Supreme Court of the United States on April 20, 2015 (Friday before last)</a>, in refusing even to hear <a href="http://jdkabc.blogspot.com/2015/02/reasons-for-granting-petition.html">my three-year-old Federal case focused on that issue.</a><br /><br />Hair-split how you will about how that refusal to hear that appeal isn't a ruling:<br /><br />Local machines or Mobs all across America don't, and won't.<br /><br />More to follow.<br /><br /><br />[References: United States District Court, Eastern District of Kentucky, Northern Division at Ashland, Civil Action No. 12-28-HRW; United States Court of Appeals<br />For the Sixth Circuit, Case Number 13-5406 (In); United States Court of Appeals for the Sixth Circuit, Case Number 14-5246 (In); Boyd (Kentucky) Circuit Court, &nbsp;Division II, Civil Action No. 11-CI-00896; Supreme Court of the United States, Docket No. 14-8466 ]<br /><br /><br />[See also<br /><br /><a href="http://jdkabc.blogspot.com/2015/02/reasons-for-granting-petition.html">"Reasons"</a><br /><br /><a href="http://jdkabc.blogspot.com/2014/04/second-appeal.html">"Second Appeal"</a><br /><br /><a href="http://jdkabc.blogspot.com/2013/12/second-round.html">"Second Round"</a><br /><br />]<br /><br />[Keywords: animal personhood, aristocracy, Ashland, Bar, Boyd County, bureaucracy, citizenship, code enforcement, Constitution, Court of Appeals for the Sixth Circuit, due process, family FBI, Federal Bureau of Investigation, Fifth Amendment, Fourth Amendment, harassment of a Federal civil-rights plaintiff, home, &nbsp;home-right, human rights, Judiciary, Kentucky, machine, Mob, pets, plutocracy, poverty, privacy, property, retaliation against a Federal civil-rights plaintiff, SCOTUS, security, Sixth Circuit, US Federal District Court for Eastern Kentucky, Northern Division at Ashland, United States Attorney for Eastern Kentucky ]<br /><div><br /></div>http://jdkabc.blogspot.com/2015/04/scotus-cities-and-counties-can-drive.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-2759490052857127436Mon, 06 Apr 2015 19:46:00 +00002015-04-07T16:40:46.237-04:00"Code" and Bureaucracy<br /><i>Grand Prairie, TX — A hard-working Texas man was thrown in jail after a warrant was issued for his arrest for an overgrown lawn.</i><br /><i><br /></i><i>Rick Yoes is the campus electrician for Tarrant County College and usually works from before sun-up to after sun-down.</i><br /><i><br /></i><i>In September of last year, he and his daughter had been hard at work and were unable to cut the lawn on their Grand Prairie home. The local government then claimed that because Yoes could not mow his lawn, he now owed them $1,700 for his grass that achieved a height of over six inches.</i><br /><i><br /></i><i>A warrant was subsequently issued for his arrest and police were dispatched to keep us safe from the dangers of this man’s lawn. Yoes turned himself in on Saturday.</i><br /><i><br /></i><i>Unable to pay the fine, Yoes was forced to use up all of his vacation days and find a replacement for his position as he serves out his 17 day sentence in the county jail—to pay his debt to society . . . .</i><br /><br /><a href="http://www.alternet.org/texas-man-thrown-jail-weeks-because-his-lawn-was-overgrown">http://www.alternet.org/texas-man-thrown-jail-weeks-because-his-lawn-was-overgrown</a><br /><br /><i>The American people constitute the most timorous, sniveling, poltroonish, ignominious mob of serfs and goose-steppers ever gathered under one flag in Christendom since the end of the Middle Ages, and they grow more timorous, more sniveling, more poltroonish, more ignominious every day.</i><br /><br /><div style="text-align: left;">H. L. Mencken</div><div style="text-align: left;"><br /></div><br />When "code enforcement" pushes past regulation of the commercial and the publicly-accessible to arrogate power over private citizens on private property, it exceeds its Constitutional boundaries:<br /><br />Congress by the Ninth Amendment has not the slightest power to tell us how high to grow our grass, and what Congress cannot Constitutionally legislate the Executive cannot Constitutionally enforce, decree or order, and the courts cannot Constitutionally interpret, find or order, and our freedom from any such all-encompassing and niggling bureaucratic totalitarianism on the Federal level as Federal citizens is extended to us on the State level as State Citizens by the Fourteenth Amendment—and States cannot delegate to lesser jurisdictions, such as cities and counties, powers they do not have.<br /><br />But a nation of sheep will be shorn.<br /><br /><div>And ruled by foxes and wolves.</div><div><br /></div><div>Keywords: bureaucracy, code enforcement, Constitution, Fourteenth Amendment, liberty, Ninth Amendment, Tenth Amendment, totalitarianism</div><div><br /></div>http://jdkabc.blogspot.com/2015/04/code-and-bureaucracy.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-1894817693697525368Mon, 23 Feb 2015 23:35:00 +00002015-03-06T13:39:53.814-05:00Reasons for Granting the PetitionThe American people, in as always the oldest and most authoritative decision on any subject under our Constitution, in our Constitution, in Constitution, decided in the Fifth Amendment's penultimate clause, the Due Process Clause, that<br /><br />"No person shall . . . be deprived of life, liberty, or property, without due process of law . . . ."<br /><br />Both liberty and property include the use or enjoyment of the latter.<br /><br />Such process in order to protect life, liberty and property must precede (and be initiated by those who intend) such deprival (other than in emergency, subject to process after, including examination of that claim of emergency).<br /><br />The American people further decided, in Constitution, in the first clause of the Fourth Amendment, the Security or Privacy Clause,<br /><br />"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . ."<br /><br />Such searches and seizures as Fifth Amendment deprivals of liberty and property are entitled as such to due process.<br /><br />Home is the most important property, and the gravity of any violation of home right demands searches and seizures thereof be preceded by correspondingly-substantial process, to wit check by the independent Judiciary established by and fundamental to our Constitution, and the American people's decision, in Constitution, in the second and final clause of the Fourth Amendment, the Warrant Clause,<br /><br />"[N]o Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"<br /><br />is that all State acts against their homes be checked from first to last by that Judiciary.<br /><br />Any routine State driving of citizens out of their homes, and killing their pets, without such check, as in the present case, defies the above decisions.<br /><div><br /></div><div>[Petition for Writ of Certiorari to US Supreme Court filed 20150214.]<br />[Petition—not the case!—placed on the docket 20150219 <br /><a href="http://www.supremecourt.gov/search.aspx?filename=/docketfiles/14-8466.htm">http://www.supremecourt.gov/search.aspx?filename=/docketfiles/14-8466.htm</a><br />]</div><div>[See also</div><div><a href="http://jdkabc.blogspot.com/2013/12/second-round.html">Second Round</a></div><div><a href="http://jdkabc.blogspot.com/2014/04/second-appeal.html">Second Appeal</a></div><div>]</div>http://jdkabc.blogspot.com/2015/02/reasons-for-granting-petition.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-5563914837105209796Sun, 07 Dec 2014 21:30:00 +00002014-12-08T15:18:07.258-05:00Occam's Universe:The Biphasic Universe<br />The series of cosmological models initiated by and based on the theory of general relativity depict expanding or alternately expanding and contracting Universes.<br /><br />But need the Universe in every part of it be either entirely expanding or contracting?<br /><br />That is, may not some regions of the Universe be expanding and others contracting?<br /><br />Given such variation, will not expanding regions be dropping in potential energy with regard to all particles and mass (and even photons) in them, as does quantum mechanics' "particle in a box" system, and contracting ones increasing? (The implicit assumption that expansion or contraction does not result in an expansion or contraction of those particles as well, leaving all as before, at least relatively, is shared by those models.)<br /><br />And will not particles be inclined to stay in or travel to expanding regions with their lower, and be expelled from contracting ones with their higher, potential energies?<br /><br />Call the former condition "gravity", and the latter "antigravity".<br /><br />It might be objected that gravity is associated with particles (and photons, for that matter), but gravity, like electrical and magnetic attractions and repulsions, at least on the finest scale, is <a href="http://jdkabc.blogspot.com/2011/07/nonintensive-universe-or-nearer-my-gut.html">an extensive relation, not an intensive property</a>.<br /><br />It is not proof of this hypothesis (see <a href="http://jdkabc.blogspot.com/2012/01/theory-prediction-fallacy-negation-and.html">the fallacy of affirming the consequent</a>), but deep imaging and mapping of our Local Universe shows that it is apparenly biphasic, one phase—call it "Wall"—consisting of galactic superclusters in filaments and walls, all interconnected, the other phase—call it "Void"—consisting of nothing observable, and apparently not affecting imaging of Wall beyond it, and likewise interconnected; our Local Universe therefore presenting on the whole a somewhat spongiform structure.<br /><br />Given Wall and Void, could the repulsion and even acceleration of particles and even photons from Void and consequent carriage of momentum from Void into Wall do away with the need for invocations of or be an alternative interpretation of "dark matter" and "dark energy"?<br /><br />And could the end of contraction on the finest scale in Void result in particle-production, such particles quickly accelerated out of Void into Wall, as cosmic rays?<br /><br />As a final wild speculation, while it is attractive to contemplate expansion and contraction as complementary, biphasic structure is found not only in intrinsically-biphasic systems but also in <a href="http://onlinelibrary.wiley.com/doi/10.1042/BC20050086/full">many systems changing in energy or through which energy is flowing</a>, suggesting the possibility that our Local Universe as a whole may even in the hypothesized case still exhibit a net expansion.<br /><div><br /></div>http://jdkabc.blogspot.com/2014/12/occams-universe-biphasic-universe.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-1422732653298261029Sat, 30 Aug 2014 19:10:00 +00002014-08-30T15:10:01.380-04:00Anthropocentrism and the Murder of Earth<br /><div style="text-align: center;">&nbsp; &nbsp;We are all from Manhome. How do you know that we would not</div><div style="text-align: center;">&nbsp;have caught up with you if we had all stayed at home together?</div><div style="text-align: center;">&nbsp; &nbsp; &nbsp; —D'Joan</div><br />Our philosophy, morality, law and justice, and our technology, are anthropocentric.<br /><br />Anthropocentrism is killing our beautiful planet.<br /><br />And, if you want to be anthropocentric about it, it's killing us, too.<br /><br />All who profit from anthropocentrism—which is all of us—naturally resist this realization, and those who profit most most so.<br /><br />But at the very least, what can we make of our attitude and practice against those just of the other animals who show awareness and emotion, and who even dream, which is all of the mammals, the birds, and, of the reptiles, tortoises at least?<br /><br />And does the rest of Nature have no right to existence, because it is less sentient, or we are more so? Or if only because we can profit by destroying it, or scanting with contempt its simple claims to existence, a place to live, places and something to eat?<br /><br />Is our human first achieving on our beautiful planet, though no effort of our own, moral freedom and a capacity for logic, only to be used to make us the most vicious of predators, predators by choice?<br /><br />Predators so vicious that in the end we take our beautiful planet and ourselves down in our viciousness?<br /><br />Let us see where anthropocentism in our philosophy, morality, law and justice, and in our technology, the "tunnel vision" of all of which becomes ever more patent, has led and is leading us to.<br /><br />We breathe oxygen and exhale carbon dioxide or we die, and carbon dioxide is removed from the air, its carbon trapped in reservoirage of plant and animal, and its oxygen re-released into the atmosphere, by the phytoplankton of our oceans and by our forests, yet over the last century over half of all phytoplankton has been lost, and at least as much forest, to our activities.<br /><br />We indeed see now global business attacking the great rain-forests of the world, upon which carbon dioxide removal and carbon reservoirages we depend, with ever-more-aggressive technologies, forests once protected by their forbiddingess to human settlement and "development" (our concept of an "undeveloped forest" befits us), and even the small human populations eking out ancient existences in those are being pushed out or exterminated by such commerce.<br /><br />The centers of our oceans are becoming swirling sewers of human wastes, notably nonbiodegradable plastics.<br /><br />And our oceans are being heated by greenhouse warming from fossil-fuel carbon-dioxide injection into the atmosphere, resulting in the loss of over half of our global phytoplankton over the last century, forty percent of the North Atlantic's in the last half-century:<br /><br />We are raising carbon dioxide levels in the atmosphere at a rate unprecedented on our planet, largely due to our extraction of fossil fuels from the Earth's crust and burning them to inject ever-greater amounts of carbon dioxide into the atmosphere, while destroying our beautiful planet's ability to remove that carrbon dioxide by our murders of our oceans and forests, which last not only throws away our forests' abilities to remove carbon dioxide but converts the carbon reservoirs which those forests represented to additional carbon dioxide, the result of all of which is an unprecedented greenhouse warming, die-off of phytoplankton, and further destruction of our beautiful planet.<br /><br />And our recent and present exterminations of species has accelerated to the point where it is now commonly compared to the great extinctions of Earth's past. Even the attempts by some less narrow are limited to an appalling degree: The "Endangered Species Act" of the United States, under constant attack by the anthropocentric since its adoption (and it would never be adopted today), only protects species that are reluctantly deemed endangered, and removes that protection once they returned to a population-level deemed (by dubious metrics) no longer needful thereof, when they can once again be preyed upon and their habitats destroyed, in practice setting "endangered" status as a minimum wildlife population. Indeed, the more noticeable and attractive species reluctantly dubbed endangered around the world seem only to become thereby targets of more aggressive predation and commerce due to the "scarcity value" of the products of their deaths, with no real international criminalization or punishment of such commerce.<br /><br />Finally, we now tinker freely and happily with genetics, apparently knowing all there is to know about genetics, including genetic transfer and its dynamics, and the collective global genome and its dynamics.<br /><br />All of these arise from our use of old technologies, and introductions of new, without consideration other than the anthropocentric.<br /><br />And all of these might have been tolerated by our beautiful planet, were not our numbers now so great.<br /><br />Our refusal to admit in our philosophy, morality, law and justice, and in our technology, that our beautiful planet is limited and cannot tolerate infinite numbers of us, is by any standard an irresponsibility to the highest degree of criminality, were we to be judged by anyone other than ourselves, and under any real morality, law and justice, other than the anthropocentric:<br /><br />There should be not only population law but population-density law as well; where do you see any sign of such, in our anthropocenric paradise we are building for ouselves and those trapped with us on our beautiful planet?<br /><br />Two paradigms of anthropocentric "tunnel vision" and its results are the settlement of already dry environments like Southern California and Southern Australia bringing on drought, fire and destruction by deforestation leading to the lack of ground-level cooling through shade and water-release and by simple heat of population, and the very common sight of commerce seeking to profit from the beauty of spots around the world by building hotels over them, in the case of oceanside resorts pouring their sewage and dumping their garbage into the ocean.<br /><br />Algae, encountering a concentration of nutrient, often nowadays due to our contemptuous pollution of waters with agricultural fertilizers, will grow and reproduce as rapidly as possible, until it exhausts not only the nutrients involved, but even the oxygen supply in the water, after which it all dies (killing other oxygen-dependent species in the water as well), in "bloom and bust":<br /><br />Are we as a species no more intelligent or moral than algae?<br /><br />Which is to say, can we rise morally as a species above anthropocentrism, in our philosophy, morality, law and justice, and in our technology, to become a blessing rather than a curse to our beautiful planet?<br /><br /><br />[See also <a href="http://jdkabc.blogspot.com/2010/10/savage-principle-new-adage.html">"The Savage Principle"</a>, <a href="http://jdkabc.blogspot.com/2010/07/overpopulation-equation.html">"The Overpopulation Equation"</a>, <a href="http://jdkabc.blogspot.com/2012/07/population-law-1-approximation.html">"Population Law: The 1% Approximation"</a>, <a href="http://jdkabc.blogspot.com/2014/03/walls.html">"Walls"</a>, <a href="http://jdkabc.blogspot.com/2014/06/idle-pastoralism.html">"Idle Pastoralism"</a>, <a href="http://jdkabc.blogspot.com/2011/02/geocide.html">"Geocide"</a>, <a href="http://www.nanopaprika.eu/group/nanoethics/forum/topics/toward-the-nano-carta">"Toward the Nano Carta"</a>, <a href="http://jdkabc.blogspot.com/2012/08/jewel.html">"Jewel"</a> and <a href="http://mechanomers.blogspot.com/2012/05/photonomics-photosynthetic-economy.html">"Photonomics: The Photosynthetic Economy"</a>, and <a href="http://www.lulu.com/items/volume_64/6606000/6606353/10/print/6606353.pdf">The Uncivil War</a>.]<br /><div><br /></div>http://jdkabc.blogspot.com/2014/08/anthropocentrism-and-murder-of-earth.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-8875678268110307796Sun, 24 Aug 2014 18:35:00 +00002014-08-24T14:36:04.751-04:00Five Antiplutocratic Questions<br />If our Constitution still held, would we be a plutocracy today?<br /><br />If press and Bar, police and military, were defending our Constitution, would we be a plutocracy today?<br /><br />What must we make of press and Bar, police and military, scorning any duty to defend our Constitution against subversion by plutocracy?<br /><br />What must we make of police, court, Bar and Party that deny "donations" for "access" are bribes?<br /><br />If government, law and Constitution are for sale, who do you think the highest bidders will be?<br /><br /><br />[See also <a href="http://jdkabc.blogspot.com/2012/05/beyond-plutocracy-and-its-two.html">" Beyond Plutocracy and Its Two-Plutocratic-Party System: A Three-Phase Strategy"</a>.]<br /><br />Keywords: access, Bar, bribes, Constitution, courts, donations, government, law, military, Party, plutocracy, police, press, subversionhttp://jdkabc.blogspot.com/2014/08/five-antiplutocratic-questions.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-4979863192937710065Thu, 31 Jul 2014 18:31:00 +00002014-07-31T14:50:13.135-04:00The Trash Commandments<div><div style="text-align: center;">"The math is easy," said Chaos.</div><div style="text-align: center;"><i>Thief of Time</i></div></div><div style="text-align: center;"><br /></div><div>I. Immediate advantage is all.</div><div>II. Lick wealth's hand.</div><div>III. Preach obedience to in exchange for financing and enforcement of your religion by wealth.</div><div>IV. Cheat.</div><div>V. Compete to and triumph over once you become overseer and driver of your fellow slaves.</div><div>VI. The other sex is garbage.</div><div>VII. Other races are garbage.</div><div>VIII. Other countries are garbage.</div><div>IX. Wildlife are vermin and wildflowers are weeds.</div><div>X. The world is your toilet and dump.</div><div><br /></div>http://jdkabc.blogspot.com/2014/07/the-trash-commandments.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-2325386495637381247Sun, 13 Jul 2014 18:57:00 +00002014-07-13T14:57:28.470-04:00Bernard Mandeville:A Modest Defence of Publick Stews (1724)<br />[Dedication, Preface and First<br />Paragraph only--I'll try to get the<br />rest of this satirical classic, long<br />cherished by me, in later.]<br /><br />[Transcribed from its reprint by<br />The Augustan Reprint Society,<br />Publication Number 162, 1973.]<br /><br />[The long "s" is indicated by "f",<br />italics by framing underscores,<br />small capitals by spaces between<br />letters, and foot-notes appended to<br />paragraphs in square brackets.<br />Transcriber]<br /><br />__________________________________<br /><br /><br />A<br /><br />Modeft D e f e n c e<br /><br />o f<br /><br />_Publick Stews_, &amp;c.<br /><br />Written by a Layman<br /><br />Price 1 _s_. 6 _d_.<br /><br />__________________________________<br /><br />A<br /><br />Modeft D e f e n c e<br /><br />of<br /><br />_Publick STEWS:_<br /><br />o r, a n<br /><br />E S S A Y<br /><br />u p o n<br /><br />_W H O R I N G_<br /><br />As it is now practis'd in thefe Kingdoms.<br /><br />__________________________________<br /><br />_Nimirum Propter Continentiam incontinentia ne-<br />&nbsp; &nbsp;ceffaria eft, incendium ut ignibus extinguitur._<br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;Seneca.<br /><br />_Omne adeo genus in terris, hominumq; ferarumq;<br />Et genus aquoreum, pecudes, pictaq; volucres,<br />In furia, ignemq; ruunt._ &nbsp;Virg. Georg. 3.<br />__________________________________<br /><br />Written by a L a y m a n.<br />__________________________________<br /><br />_L O N D O N_;<br />Printed by A. M o o r e near St. P a u l ' s.<br />_____________<br />M.DCC.XXIV.<br /><br />__________________________________<br />__________________________________<br /><br />T o &nbsp;t h e<br /><br />G E N T L E M E N<br /><br />o f &nbsp;t h e<br /><br />S O C I E T I E S.<br /><br />&nbsp; &nbsp;_Gentlemen_,<br /><br />T h e great Pains and Diligence<br />You have employ'd in the<br />Defence of Modefty and Vir-<br />tue, give You an undifputed Title<br />to the Addrefs of this Treatife; tho'<br />it is with the utmoft Concern that<br />I find myfelf under a Neceffity of<br />writing it, and that after fo much Re-<br />forming, there fhould be any Thing<br />left to fay upon the Subject, befides<br />congratulating You upon Your hap-<br />py Succefs. It is no fmall Addition<br />to my Grief to obferve, that Your<br />Endeavors to fupprefs Lewdnefs<br />have only ferv'd to promote it; and<br />that this _Branch_ of Immorality has<br />grown under Your Hands, as if it<br />was _prun'd_ inftead of being _lopp'd_.<br />But however Your ill Succefs may<br />grieve, it cannot aftonifh me: What<br />elfe could we hope for, from Your<br />perfecuting of poor ftrolling Damfels?<br />From Your stopping up thofe _Drains_<br />and _Sluices_ we had to let out Lewd-<br />nefs? From Your demolifhing thofe<br />_Horn-works_ and _Breaft-works_ of Mo-<br />defty? Thofe _Ramparts_ and _Ditches_<br />within which the Virtue of our Wives<br />and Daughters lay fo conveniently<br />_intrench'd_? An Intrenchment fo<br />much the fafer, by how much the<br />Ditches were harder to be fill'd up.<br />Or what better could we expect from<br />Your Carting of Bawds, than that<br />the Great Leviathan of Leachery, for<br />Want of thefe Tubs to play with,<br />fhould, with one Whisk of his Tail,<br />overfet the _Veffel_ of Modesty? Which,<br />in her beft Trim, we know to be<br />fomewhat _leaky_, and to have a very<br />unfteady _Helm_.<br /><br />An ancient Philofopher compares<br />Lewdnefs to a wild, fiery and head-<br />ftrong young Colt, which can never<br />be broke till he is rid into a Bog:<br />And _Plato_, on the fame Subject, has<br />thefe words ; &nbsp;_The Gods_, fays he, _have<br />given us one difobedient and unruly<br />Member, which, like a greedy and ra-<br />venous Animal that wants Food, grows<br />wild and furious, till having imbib'd<br />the Fruit of the common Thirft, he has<br />plentifully befprinkled and bedewed the<br />Bottom of the Womb_.<br /><br />And now I have mention'd the Phi-<br />lofophers, I muft beg Your Patience<br />for a Moment, to hear a fhort Ac-<br />count of their Amours: For nothing<br />will convince us of the irrefiftible<br />Force of Love, and the Folly of ho-<br />ping to fupprefs it, fooner than re-<br />flecting that thofe venerable _Sages_,<br />thofe Standards of Morality, thofe<br />great _Reformers_ of the World, were<br />fo fenfibly touch'd with this tender<br />Paffion.<br /><br />_Socrates_ confefs'd, that, in his old<br />Age, he felt a ftrange tickling all o-<br />ver him for five Days, only by a<br />Girl's touching his Shoulder.<br /><br />_Xenophon_ made open Profeffion of<br />his paffionate Love to _Clineas_.<br /><br />_Ariftippus_, of _Cyrene_, writ a lewd<br />Book of antient Delights; he compar'd<br />a Woman to a Houfe or a Ship, that<br />was the better for being ufed: &nbsp;He<br />afferted, that there was no Crime in<br />Pleafure, but only in being a Slave<br />to it : And often ufed to fay, _I enjoy_<br />Lais, _but_ Lais _does not enjoy me_.<br /><br />_Theodorus_ openly maintain'd, that<br />a wife Man might, without Shame or<br />Scandal, keep Company with common<br />Harlots.<br /><br />_Plato_, our great Pattern for chafte<br />Love, propofes, as the greateft Re-<br />ward for publick Service, that he who<br />has perform'd a fignal Exploit, fhould<br />not be deny'd any amorous Favour.<br />He writ a Defcription of the Loves of<br />his Time, and feveral amorous Son-<br />nets upon his own Minions : His chief<br />Favourites were _Afterus, Dio, Phaedrus_,<br />and _Agatho_ ; but he had, for Variety,<br />his Female Darling _Archeanaffa_ ; and<br />was fo noted for Wantonnefs, that<br />_Antifthenes_ gave him the Nick-name<br />of _Satho_, i.e. _Well-Furnish'd_.<br /><br />_Polemo_ was profecuted by his Wife<br />for Male Venery.<br /><br />_Crantor_ made no Secret of his Love<br />to his Pupil _Arcefilaus_.<br /><br />_Arcefilaus_ made Love to _Demetrius_<br />and _Leocharus_ ; the laft, he faid, he<br />would fain have open'd : Befides, he<br />openly frequented the two _Elean_<br />Courtezans, _Theodota_ and _Philaeta, and<br />was himfelf enjoy'd by _Demochares_<br />and _Pythocles_ : He fuffer'd the laft,<br />he faid, for Patience-fake.<br /><br />_Bion_ was noted for debauching his<br />own _Scholars_.<br /><br />_Ariftotle_, the firft _Peripatetick_, had<br />a Son call'd _Nichomacus_, by his Con-<br />cubine _Herpilis_ : He lov'd her fo well,<br />that he left her in his Will a Talent<br />of Silver, and the Choice of his<br />Country-Houfes ; that, as he fays, the<br />Damfel might have no Reafon to<br />complain : He enjoy'd, befide the Eu-<br />nuch _Hermias_, others fay only his<br />Concubine _Pythais_, upon whom he<br />writ a Hymn, call'd, _The Infide_.<br /><br />_Demetrius Phalereus_, who had 360<br />Statues in _Athens_, kept _Lamia_ for his<br />Concubine, and at the fame time was<br />himfelf enjoy'd by _Cleo_ : He writ a<br />Treatife, call'd, _The Lover_, and was<br />nick-nam'd by the Courtezans, _Chari-<br />to Blefpharus_, i.e. _A Charmer of La-<br />dies_ ; and _Lampetes_, i.e. _A great<br />Boaster of his Abilities_.<br /><br />_Diogenes_, the _Cynick_, us'd to fay,<br />that Women ought to be in common,<br />and that Marriage was nothing but a<br />Man's getting a Woman in the Mind<br />to be lain with : He often us'd Manual<br />Venery in the Publick Market-place,<br />with this Saying. _Oh ! that I could<br />affuage my Hunger thus with rubbing<br />of my Stomach !_<br /><br />But what Wonder if the old _Aca-<br />demicks_, the _Cyrenaicks_, and _Peripate-<br />ticks_, were fo lewdly Wanton, when<br />the very _Stoicks_, who prided them-<br />felves in the Conqueft of all their<br />other Paffions, were forc'd to fubmit<br />to this?<br /><br />_Zeno_, indeed, the Founder of that<br />Sect, was remarkable for his Modefty,<br />becaufe he rarely made Ufe of Boys,<br />and took but once an ordinary Maid-<br />Servant to Bed, that he might not be<br />thought to hate the Sex ; yet, in<br />his _Commonwealth_, he was for a Com-<br />munity of Women ; and writ a Trea-<br />tife, wherein he regulated the Mo-<br />tions of getting a Maidenhead, and<br />philofophically prov'd Action and Re-<br />action to be equal.<br /><br />_Chryfippus_ and _Apollodorus_ agree<br />with _Zeno_ in a Community of Women,<br />and fay, that a wife Man may be in<br />Love with handfome Boys.<br /><br />_Erillus_, a Scholar of _Zeno_'s, was<br />a notorious Debauchee.<br /><br />I need not mention the _Epicureans_<br />that were remarkable for their Ob-<br />fcenity.<br /><br />_Epicurus_ ufed to make a Pander of<br />his own Brother ; and his Scholar,<br />the great _Metrodorus_, vifited all the<br />noted Courtezans in _Athens_, and pub-<br />lickly kept the famous _Leontium_, his<br />Mafter's _Quondam_ Miftrefs. &nbsp;Yet, if<br />you will believe _Laertius_ he was eve-<br />ry Way a good Man.<br /><br />But what fhall we fay of our Fa-<br />vourite _Seneca_, who, with all his Mo-<br />rals, could never acquire the Reputa-<br />tion of Chaftity? He was indeed<br />fomewhat Nice in his Amours, like<br />the famous _Flora_, who was never<br />enjoy'd by any Thing lefs than a Di-<br />ctator or a Conful ; for he fcorn'd to<br />intrigue with any Thing lefs than the<br />Emprefs.<br /><br />Now, if those Reverend School-<br />Mafters of Antiquity, were fo Loofe<br />in their Seminals, fhall we, of this<br />Age, fet up for Chaftity? Have our<br />_Oxford Students_ more Command of<br />their Paffions than the _Stoicks?_ Are<br />our young _Templars_ lefs Amorous<br />than _Plato ?_ Or, is an _Officer_ of the<br />Army lefs Ticklifh in the Shoulder<br />than _Socrates ?_<br /><br />But I need not wafte any Rhetorick<br />upon fo evident a Truth ; for plain<br />and clear Propofitions, like Windows<br />painted, are only the more Obfcure<br />the more they are adorn'd.<br /><br />I will now fuppofe, that you have<br />given up the Men as Incorrigible ;<br />fince You are convinc'd, by Exper-<br />ence, that even Matrimony is not able<br />to reclaim them. Marriage, indeed, is<br />juft fuch a Cure for Lewdnefs, as<br />a Surfeit is for Gluttony ; it gives a<br />Man's Fancy a Diftafte to the par-<br />ticular Difh, but leaves his Palate as<br />Luxurious as ever : for this Reafon<br />we find fo many marry'd Men, that,<br />like _Sampfon'_s Foxes, only do more<br />Mifchief for having their Tails ty'd.<br />But the Women, you fay, are weaker<br />Veffels, and You are refolv'd to<br />make them fubmit ; rightly judging,<br />that if You cou'd make all the Females<br />Modeft, it would put a confidera-<br />ble Stop to Fornication. It is great<br />Pity, no doubt, fo Fine a Project<br />fhould Mifcarry : And I would wil-<br />lingly entertain Hopes of feeing one<br />of these _Bridewell_ Converts. In the<br />mean Time it would not be amifs,<br />if You chang'd fomewhat your pre-<br />fent Method of Conversion, efpe-<br />cially in the Article of Whipping. It<br />is very poffible, indeed, that leaving<br />a Poor Girl Penny-lefs, may put her<br />in a Way of living Honeftly, tho' the<br />want of Money was the only Reafon<br />of her living otherwife ; and the<br />Stripping of her Naked, may, for<br />aught I know, contribute to Her<br />Modefty, and put Her in a State of<br />Innocence ; but furely, _Gentlemen_,<br />You muft all know, that Flogging<br />has a quite contrary Effect. This<br />Project of pulling down Bawdy-<br />houfes to prevent Uncleannefs, puts<br />me in Mind of a certain Over-nice<br />Gentleman, who cou'd never Fancy<br />his Garden look'd Sweet, till he had<br />demolifh'd a Bog-houfe that offend-<br />ed his Eye in one Corner of it ; but<br />it was not long before every Nofe<br />in the Family was convinc'd of his<br />Miftake. If Reafon fails to Con-<br />vince, let us profit by Example : Ob-<br />ferve the Policy of a Modern Butcher,<br />perfecuted with a Swarm of Carnivo-<br />rous Flies; when all his Engines and<br />Fly-Flaps have prov'd ineffectual to<br />defend his Stall againft the Greedy<br />Affiduity of thofe Carnal Infects, he<br />very Judicioufly cuts off a Fragment,<br />already blown, which ferves to hang<br />up for a Cure ; and thus, by Sacrifi-<br />cing a Small Part, already Tainted,<br />and not worth Keeping, he wifely<br />fecures the safety of the Reft. Or,<br />let us go higher for Inftruction, and<br />take Example by the Grazier, who far<br />from deny'g his Herd the Accuftom'd<br />Privilege of Rubbing, when their<br />Sides are Stimulated with sharp Hu-<br />mours, very induftriously fixes a Stake<br />in the Center of the Field, not fo<br />much, you may imagine, to Regale<br />the Salacious Hides of his Cattle, as<br />to preferve his Young Trees from<br />Suffering by the Violence of their<br />Friction.<br /><br />I could give You more Examples of<br />this Kind, equally full of Inftruction,<br />but that I'm loth to detain You from<br />the Perufal of the following Treatife;<br />and at the fame Time Impatient to<br />have the Honour of Subfcribing My-<br />felf<br /><br />&nbsp; &nbsp; &nbsp; _Your Fellow Reformer,<br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;and Devoted Servant,_<br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; P h i l - P o r n e y .<br /><br />__________________________________<br />__________________________________<br /><br /><br />T h e<br /><br />P R E F A C E<br /><br /><br />_L e f t any inquifitive Reader fhould<br />puzzle his Brains to find out why<br />this_ Foundling _is thus clandeftinely<br />dropt at his Door, let it fuffice<br />him, that the_ Midwife _of a Printer was<br />unwilling to help bring it into the World,<br />but upon that Condition, or a much harder,<br />that of my openly_ Fathering _it. I could make<br />many other reafonable Apologies, if requifite :<br />For, befides my having followed the modeft<br />Example of feveral other pious_ Authors,<br />_fuch as that of_ Eikon Basilike, _of the_ Whole<br />Duty of Man, _&amp;c., who have ftudied ra-<br />ther their Country's Publick Good, than<br />their own Private Fame ; I think, I have,<br />alfo play'd the Politick Part : for fhould my_<br />Off-fpring _be defective, why let it fall up-<br />on the Parifh. On the other hand, if acci-<br />dentally it prove hopeful, 'tis certain I need<br />be at no further Trouble : There will then<br />be_ Parents _enough ready to own the_ Babe,<br />_and to take it upon themfelves. Adoption a-<br />mongft the_ Machiavellian _Laws of the_ Mufes,<br />_is ftrictly kept up, and every day put in<br />Practice : How few of our now bright_ No-<br />blemen _would otherwife have_ Wit? _How<br />many of our prefent thriving_ Poets _would<br />elfe want a_ Dinner? _'Tis a vulgar Error<br />to imagine Men live upon their own Wits,<br />when generally it is upon others Follies ;<br />a fund that carries by much the beft Inte-<br />reft, and is by far upon the moft certain Se-<br />curity of any : The_ Exchequer _has been fhut<br />up, the_ Bank _has ftopt Payment,_ South-Sea<br />_has been demolifh'd, but_ White's _was ne-<br />ver known to fail; and indeed how fhould it,<br />when almoft every Wind blows to_ Dover, _or_<br />Holyhead, _fome frefh_ Proprietor _amply quali-<br />fied with fufficient_ Stock.<br /><br />_I am in fome pain for the Event of this_<br />Scheme, _hoping the_ Wicked _will find it too<br />Grave, and fearing the_ Godly _will fcarce<br />venture beyond the Title-Page : And fhould<br />they even, I know they'll object, 'tis here and<br />there interwoven with too ludicrous Expref-<br />fions, not confidering that a dry Argument<br />has occafion for the larding of Gaiety to<br />make it the better relifh and go down. Be-<br />fides, finding by the exact Account tack'd to<br />that moft edifying_ Anti-Heidegger _Difcourfe,<br />that eighty fix Thoufand Offenders have<br />been lately punifh'd, and that four hundred<br />Thoufand religious Books have been diftri-<br />buted about_ Gratis _(not to mention the num-<br />berlefs Three-penny Jobs daily publifh'd to<br />no Ends, or Purpofe, but the_ Author's ; ) _I<br />fay, finding all thefe Meafures have been<br />taken, and that Lewdnefs ftill fo much<br />prevails ; I thought it highly proper to try<br />this Experiment, being fully convinc'd that<br />oppofite Methods often take place. Own,_<br />Preferment-Hunter ! _when failing on with<br />the Tide avails nothing, does not tacking<br />about fteer you fometimes into that fnug<br />Harbour, an Employment ? Speak_ Hibernian<br />Stallion ! _when a meek fawning Adoration<br />turns to no Account, does not a pert affuming<br />Arrogance frequently forward, nay, gain<br />the critical Minute ? and fay,_ * Mefobin !<br />_where a Purge fails, is not a Vomit an in-<br />fallible_ Recipe _for a Loofenefs ?_<br />[ * An able Member of the College of<br />Phyficians. ]<br /><br />_To conclude ; when my Arguments are im-<br />partially examin'd, I doubt not but my Rea-<br />ders will join with me, that as long as it is<br />the Nature of Man (and_ Naturam expellas<br />furca licet ufque recurret) _to have a Salt_<br />Itch _in the Breeches, the_ Brimstone _under<br />the Petticoat will be a neceffary Remedy to_<br />lay _it ; and let him be ever fo fly in the Ap-<br />plication, it will ftill be found out : What<br />avails it then to affect to conceal that<br />which cannot be concealed, and that which<br />if carried on openly and above-board, would<br />become only lefs detrimental, and of confe-<br />quence more juftifiable?_<br /><br />_Be the Succefs of this Treatife as it hap-<br />pens, the Good of Mankind is my only Aim ;<br />nor am I lefs hearty or zealous in the Pub-<br />lick Welfare of my Country, than that No-<br />ble * Pattern of Sincerity, who finifhes his<br />Preface with the following paragraph._<br />And now, O my G--, the G-- of my Life,<br />and of all my Mercies, I offer this Work to<br />Thee, to whofe Honour it is chiefly intended ;<br />that thereby I may awaken the World to juft<br />Reflections on their own Errors and Follies,<br />and call on them to acknowledge thy Pro-<br />vidence, to adore it, and ever to depend<br />on it.<br />[ * B----p B-----t. ]<br />__________________________________<br /><br />__________________________________<br />__________________________________<br /><br /><br />A<br /><br />Modeft Defence, _&amp;c._<br /><br />T h e r e is nothing more idle, or<br />fhows a greater Affectation of Wit,<br />than the modern Cuftom of treat-<br />ing the moft grave Subjects with<br />Burlefque and Ridicule. The prefent Subject<br />of _Whoring_, was I difpos'd, would furnifh me<br />fufficiently in this kind, and might poffibly,<br />if fo handled, excite Mirth in thofe who are<br />only capable of fuch low Impreffions . . . .<br /><div><br /></div><div><br /></div><div>Keywords: Augustan Reprints, Fable of the Bees, Mandeville, philosophy, prostitution, satire, sex</div>http://jdkabc.blogspot.com/2014/07/bernard-mandeville-modest-defence-of.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-5272547881381795457Thu, 10 Jul 2014 22:32:00 +00002014-07-10T18:38:21.067-04:00Foundations<div><br /></div><div style="text-align: center;"><i>The walls of Thebes sprang up of yore</i><br /><i>to the sound of the lyre of Amphion.</i></div><div style="text-align: center;">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;The historian Knickerbocker</div><div style="text-align: center;"><br /></div><div>It is very old fashioned to call Khufu a cruel tyrant for making 100,000 fellahin, or peasants, work twenty years on his tomb. Scholars say he worked them only during the three months of the flood season, when they were not engaged in agriculture and were likely to find themselves at a loose end and get into mischief. The Egyptian lower classes were very immoral, always drinking or something. Thus, Khufu was doing them a favor by keeping their minds occupied and the whole affair was more or less one big picnic. At the same time, the exercise developed their characters and taught them the dignity of labor. The majority of pyramid workers were not slaves, as we used to be told. They were free men with rights and privileges specified in the Constitution.</div><div><br /></div><div>The historian Cuppy</div><div><br /></div><div><br /></div><div>We work beneath the earth and above it, under a roof and in the rain, with the spade, the pickax and the crowbar. &nbsp;We carry huge sacks of cement, lay bricks, put down rails, spread gravel, trample the earth . . . . We are laying the foundations for some new, monstrous civilization. Only now do I realize what price was paid for building the ancient civilizations. The Egyptian pyramids, the temples, and Greek statues—what a hideous crime they were! How much blood must have poured onto the Roman roads, the bulwarks, and the city walls. Antiquity—the tremendous concentration-camp where the slave was branded on the forehead by his master, and crucified for trying to escape! Antiquity—the conspiracy of free men against slaves!</div><div><br /></div><div>You know how much I used to like Plato. Today I realize he lied. For the things of this world are not a reflection of the ideal, but a product of human sweat, blood and hard labor. It is we who built the pyramids, hewed the marble for the temples and the rocks for the imperial roads, we who pulled the oars in the galleys and dragged wooden plows, while they wrote dialogues and dramas, rationalized their intrigues by appeals in the name of the Fatherland, made wars over boundaries and democracies. &nbsp;We were filthy and died real deaths. They were "esthetic" and carried on subtle debates.</div><div><br /></div><div>There can be no beauty if it is paid for by human injustice, nor truth that passes over injustice in silence, nor moral virtue that condones it.</div><div><br /></div><div>What does ancient &nbsp;history say about us? It knows the crafty slave from Terence and Plautus, it knows the people's tribunes, the brothers Gracchi, and the name of one slave—Spartacus.</div><div><br /></div><div>They are the ones who have made history, yet the murderer—Scipio—the lawmakers—Cicero or Demosthenes—are the men remembered today. We rave over the exterminatiion of the Etruscans, the destruction of Carthage, over treason, deceit, plunder. Roman law! Yes, today too there is a law!</div><div><br /></div><div>If the Germans win the war, what will the world know about us? They will erect huge buildings, highways, factories, soaring monuments. Our hands will be placed under every brick, and our backs will carry the steel rails and the slabs of concrete. They will kill off our families, our sick, our aged. They will murder our children.</div><div><br /></div><div>And we shall be forgotten, drowned out by the voices of the poets, the jurists, the philosophers, the priests. They will produce their own beauty, virtue and truth. They will produce religion.</div><div><br /></div><div>Tadeusz Borowski, <i>This Way for the Gas, Ladies and Gentlemen</i></div><div><br /></div><div><br /></div><div>'Who built Thebes of the seven gates?" Bertold Brecht's "literate worker" was already asking. The sources tell us nothing about these anonymous masons, but the question retains all its significance.</div><div><br /></div><div>Carlo Ginzburg, <i>The Cheese and the Worms</i></div><div><br /></div><div><br /></div><div>Once I built a railroad, I made it run, made it race against time.&nbsp;<br />Once I built a railroad; now it's done. Brother, can you spare a dime?&nbsp;<br />Once I built a tower, up to the sun, brick, and rivet, and lime;&nbsp;<br />Once I built a tower, now it's done. Brother, can you spare a dime?<br /><br /></div><div><a href="https://www.youtube.com/watch?v=eih67rlGNhU">Yip Harburg, "Brother, Can You Spare a Dime?"</a></div><div><br /></div>http://jdkabc.blogspot.com/2014/07/foundations.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-7119070984008753504Tue, 24 Jun 2014 18:15:00 +00002015-04-14T19:22:06.442-04:00Occam's Universe:Black Spirals<br />Black holes have become a commonplace of astronomy, and almost as frequent explanatory entities therein as comets were in an earlier era.<br /><br />Furthermore, not just black holes but supermassive black holes, with estimated masses several million times that of our sun, have been inferred at the centers of many if not all galaxies, first postulated for our own galaxy by Lynden-Bell and Rees <a href="http://adsabs.harvard.edu/abs/1971MNRAS.152..461L">(1971)</a>, and bolstered by radio-telescopic studies, <a href="http://images.nrao.edu/Galactic_Sources/Galactic_Center/428">most beautifully</a> by Roberts and Goss using the US NRAO Very Large Array radio telescope in 1990-1 <a href="http://adsabs.harvard.edu/cgi-bin/nph-bib_query?bibcode=1993ApJS...86..133R">(results published in 1993)</a>.<br /><br />It is hypothesized here that such supermassive black holes are themselves at simplest each composed of two black holes orbiting one another at relativistic angular velocities, their masses increased by Lorentz-Fitzgerald contraction.<br /><br />Such "black binary" hypothesis immediately opens the door to systems analogous to those of ordinary multiple stars, a third black hole orbiting the central binary, two black binaries orbiting one another, etc.<br /><br />Duration of black binary black hole spin-down into one another is obviously important to the hypothesis, and just as obviously depends on angles and velocities of approach. Head-on collisions and the briefest spin-downs would essentially be discrete events. But the relatively small volumes of black hole singularities argue for generally more prolonged spin-downs, even after event horizon coalescences.<br /><br />Angles of approach and differences of mass and velocity dictate variety of early black binary geometry, dynamics and effects; relative angles of the axes of spin of the black holes involved add variety to middle; and the varying shapes of the coalescing event horizons, from double sphere to conjoined double sphere, spindle, dimpled oblate sphere, oblate and sphere, to late.<br /><br />Black binaries, especially those whose orbital velocities have become relativistic, would act as sling-shot gravitational accelerators, of photons (which can't go any faster but can be angulated and blue-shifted), particles, dust, rocks, asteroids, planets, and even, in later relativistic and supermassive stages, latecomer stars, neutron stars and black holes, accelerating them out mostly into the orbital plane of the black binary, forming, and continually feeding and imparting radial and angular velocities to, a coplanar nearby astronomical mayhem and cloud and outer wider thinner disk.<br /><br />Such planar acceleration cloud and disk must distinguish relativistic and near relativistic black binaries from simple black holes, regardless of mass.<br /><br />Relativistic slingshotting of latecomer neutron stars or black holes with consequent mass and gravitational increases of their own might produce the jets observed protruding from some galaxies.<br /><br />And particle acceleration by the tightest, fastest and most massive relativistic binaries whose event horizons have not yet coalesced, so that there exists a collider region for accelerated materials from both sides of and at the center of the orbital plane, should produce much higher energy particle collisions and much more exotic particles than anything safely produceable if at all on Earth.<br /><br />Relativistic black binaries afford a mechanism by which an elliptical galaxy might be transformed into a disk-and-plane if not spiral galaxy, by two black holes spinning down into each other, with the rest of the elliptical feeding and being influenced by the growing mass of and gravitation and angular and radial accelerations exerted by the black binary, which might well not form at the center of that galaxy, although since ellipticals are densest there that would seem to be the greatest probability.<br /><br />Such scenario does not explain the emergence of spiral arms, although planar inflow and outflow currents in late disk-and-plane might account for some, and jetting might account for others, including the very wide elliptical-to-spherical "ring" arms noticeable in some.<br /><br />Some spiral barring might be accounted for a new acceleration disk forming angled to the original; other by jetting, and still other by latecomer black binary orbit of a core black binary.<br /><br />And two black binaries forming two spirals from an elliptical galaxy would present two small spirals almost or actually conjoined or intermingled.<br /><br />Finally, black binary terminal spin-down and consumption of a galaxy might account for quasars, the gravity involved reddening the image and giving a false impression of distance.<br /><br />If black binaries exist, and they do not seem to be impossible, one would expect if not their component black holes themselves then their effects to be observable. Black binary invocation seems to illuminate some problems of galactic astronomy. And, indeed, as explanatory entities, black binaries intrinsically afford a great variety of galactic phenomena and evolutions and morphologies, seemingly largely corresponding to that observable.<br /><br />Still, at least one spiral galactic morphology seems inconsistent with such hypothesis, some barred spirals apparently having spiral arms attached to the edges or ends of and running at right angles to the planes of the bars if any.<br /><br /><br />[After I brooded over this for months, and actively worked on it for weeks, I decided to check the Web to see if anyone else had been working on it, and, well, for example:<br /><br /><a href="https://en.wikipedia.org/wiki/Binary_black_hole">Binary black hole</a><br /><br />Some lessons need repeating (I've done this kind of thing before).<br /><br />But existing theory seems to be that the supermassive black holes with which it is concerned are themselves simple black holes.<br /><br />Nonetheless, the study of such with regard to their roles in "active galactic nuclei" is very pertinent to the present hypothesis, which is concerned mostly with black binary role in ordinary galactic evolution and morphology.<br /><br />]<br /><br />[20150414 Added the note on quasars.]<br /><br /><br />Keywords: astronomizing, astronomy, black binary, black hole, galactic core, galaxy, Milky Way, radiotelescope, Sagittarius, VLA<br /><div><br /></div>http://jdkabc.blogspot.com/2014/06/occams-universe-black-spirals.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-2053180683781620147Sat, 07 Jun 2014 18:46:00 +00002014-06-07T15:07:59.772-04:00Idle Pastoralism<br /><div style="text-align: center;">I'm out here as an advance guard for plastic.</div><br /><div style="text-align: center;">—<i>Moderan</i></div><br />The hunter kills prey for food and skins, the gatherer kills plants for food.<br /><br />The pastoralist not only hunts and gathers, but kills his own flock or herd for food and skins, and in addition kills other predators which try to or might prey upon his flock or herd.<br /><br />And the farmer not only hunts and gathers and herds, but kills everything, animal and plant, above and below the ground he intends to farm:<br /><br />Sing the peaceful farmer!<br /><br />Then there's Monsanto/Bayer-style corporate chemical and biological "Roundup Ready", neonicotinoid, GMO, "Agent Orange" and "suicide seed" farming . . . :<br /><br />How long before "Neutron Ready" corn? *<br /><br />And finally of course there's the developer who paves and concretes the farms.<br /><br /><br />* Just lift <i>Deinococcus</i>' hardened genetic system and voila.<br /><br /><br />[See also <a href="http://jdkabc.blogspot.com/2014/03/walls.html">"Walls"</a>, <a href="http://jdkabc.blogspot.com/2012/07/population-law-1-approximation.html">"Population Law: The 1% Approximation"</a> and <a href="http://mechanomers.blogspot.com/2012/05/photonomics-photosynthetic-economy.html">"Photonomics: The Photosynthetic Economy"</a>.]<br /><br /><br />Keywords<span style="color: #888888; font-family: Arial, Helvetica, sans-serif; font-size: x-small;">:&nbsp;agriculture, Bayer, BigFarmer, coevolution, coexistence, corporations, corporocracy, development, farming, future, GMO, green, Monsanto, neonicotinoids, plutocracy, sustainability, violence</span><br /><div><br /></div>http://jdkabc.blogspot.com/2014/06/idle-pastoralism.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-8558872113744782857Tue, 03 Jun 2014 17:56:00 +00002014-06-03T13:59:31.922-04:00A Cosmic Shock<br />I was visiting a friend last night in the hospital, and he was so fascinated by my company that he switched on the new <i>Cosmos</i>, of which he is a fan.<br /><br />I had never been a fan of the old <i>Cosmos</i>, since if I want to know about something scientific I go read up on it, assuming it's not locked behind a paywall, and I found Carl Sagan irritating on the few occasions I tuned across the show, although if I'd known at the time he was "the world's biggest pot-head" I might've viewed him more favorably ("Let's see how buzzed Carl is in this episode!"), but I do remember the show as being a respectable attempt to popularize scientific subjects for the non-scientific population, those having attained only a high-school diploma or perhaps a non-scientific bachelor's degree.<br /><br />What I saw last night was pathetic. I was, quite literally, and with no exaggeration whatsoever, shocked by it. The presentation I saw was geared to what I'd expect would be the apprehension and comprehension of an eighth-grader, if that.<br /><br />Now, it may be—as a matter of fact, it probably is—the case that the new <i>Cosmos</i> is geared to the most common intellectual level of the American "televisariat", as ascertained by polling or testing.<br /><br />And if that is the case, the present American intellectual level presents us with a national existential crisis that by far dwarfs our present political and Constitutional crisis, the present plutocracy-corporocracy operating through two-plutocratic-party-system and police-state erected on the ruins of our Constitution.<br /><br />And if those viewers to which the new <i>Cosmos</i> is geared are all high-school-diploma-holders, then either the standards for obtaining high-school diplomas, which one would reasonably expect to guarantee that those diploma-holders have attained the minimum intellectual properties and procedures needed to be minimally-competent adult citizens, have, or the level of &nbsp;integrity in awarding those diplomas has, been lowered to an astonishing level, or both.<br /><br />At any rate, this does seem to explain why a passing grade in an ordinary college-freshman-level non-mathematical logic-course has never been and is not being pushed to be required in the "core curriculum" for high-school diplomas:<br /><br />A huge proportion, perhaps even a majority, of Americans would be unable to pass it.<br /><br />And these are our present-day voters and jurors.<br /><br />Our small business-people, once the backbone of our economy, and our soldiers.<br /><br />And if this state of affairs suits our present plutocracy-corporocracy, as it apparently does, then one must ask just what the intent of that plutocracy-corporocracy is, with regard to the American people, and to America.<br /><div><br /></div>http://jdkabc.blogspot.com/2014/06/a-cosmic-shock.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-1674400711351701736Tue, 29 Apr 2014 22:04:00 +00002014-04-29T18:04:37.468-04:00Property and Convention<div style="text-align: left;">From James Madison's <i>The Journal of the Debates in the Convention which framed the Constitution of the United States</i> :</div><div style="text-align: left;"><br /></div><div style="text-align: center;">THURSDAY JULY 5^{TH} IN CONVENTION</div><br />M^r Gov^r Morris . . . . [P]roperty was the main object of Society . . . .<br /><br />M^r Rutlidge . . . . Property was certainly the principal object of Society . . . .<br /><div style="text-align: center;"><br /></div><div style="text-align: center;">FRIDAY JULY 6^{TH} IN CONVENTION</div><br />M^r King . . . . [P]roperty was the primary object of Society . . . .<br /><br />M^r Butler . . . . [P]roperty . . . was the great object of Govern^t; the great cause of war; the great means of carrying it on.<br /><br /><div style="text-align: center;">WEDNESDAY JULY 11. IN CONVENTION.</div><br />M^r Butler . . . . Government . . . was instituted principally for the protection of property, and was itself to be supported by property.<br /><br /><div style="text-align: center;">FRIDAY, JULY 13. IN CONVENTION.</div><br />M^r Wilson . . . . H]e could not agree that property was the sole or primary object of Gov^t &amp; society. The cultivation &amp; improvement of the human mind was the most noble object.<br /><br /><div style="text-align: center;">THURSDAY JULY. 26. IN CONVENTION.</div><br />M^r Dickinson . . . . He doubted the policy of interweaving into a Republican constitution a veneration for wealth. He had always understood that a veneration for poverty &amp; virtue, were the objects of republican encouragement. It seemed improper that any man of merit should be subjected to disabilities in a Republic where merit was understood to form the great title to public trust, honors &amp; rewards. <br /><br /><div style="text-align: center;">FRIDAY AUG^{ST} 10. IN CONVENTION</div><br />Doct^r Franklin expressed his dislike of every thing that tended to debase the spirit of the common people. If honesty was often the companion of wealth, and if poverty was exposed to peculiar temptation, it was not less true that the possession of property increased the desire of more property. Some of the greatest rogues he was ever acquainted with, were the richest rogues.<br /><br /><div style="text-align: center;">TUESDAY AUG. 14. IN CONVENTION</div><br />M^r Mercer. It is a first principle in political science, that whenever the rights of property are secured, an aristocracy will grow out of it. Elective Governments also necessarily become aristocratic, because the rulers being few can &amp; will draw emoluments for themselves from the many. The Governments of America will become aristocracies. They are so already. The public measures are calculated for the benefit of the Governors, not of the people. The people are dissatisfied &amp; complain. They change their rulers, and the public measures are changed, but it is only a change of one scheme of emolument to the rulers, for another.<br /><br /><br />[No property qualifications for office or voting were retained in the final version of the Constitution.] <br /><br /><br /><a href="http://www.gutenberg.org/ebooks/40861.txt.utf-8">http://www.gutenberg.org/ebooks/40861.txt.utf-8</a><br /><br /><a href="http://www.gutenberg.org/ebooks/41095.txt.utf-8">http://www.gutenberg.org/ebooks/41095.txt.utf-8</a><br /><br />http://jdkabc.blogspot.com/2014/04/property-and-convention.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-6203484824610857030Mon, 21 Apr 2014 23:29:00 +00002014-04-21T19:29:19.272-04:00What Is Truth?<i>What is truth?" said jesting Pilate, and did not stay for an answer.</i><br /><br />Bacon<br /><br /><br />Truth is description.<br /><br />It may be wondered what gain there is, in defining a word with another and a longer.<br /><br />Johnson says in his <i>Dictionary</i>, "the <i>easiest</i> word, whatever it be, can never be translated into one more easy": "Description", for all that it is longer than "truth", is a perfectly easy word, a perfectly common and familiar word, naming a perfectly common and familiar procedure and product.<br /><br />More importantly, "truth" has tremendous historical, religious, metaphysical, philosophical and ideological baggage, which "description" does not.<br /><br />And the procedure and product of description, being perfectly common and familiar, are themselves easily described and their descriptions understood.<br /><br />"Describe 'truth' ": This might boggle.<br /><br />"Describe 'description' ": This is easy.<br /><br />Description may be described as generally involving the described; the descrying; the descryer-describer; the description, itself requiring the descriptive medium, the descriptive convention, and descrying by the describer; the communication of the description; the descrying of the description by the described-to; and the descryer-described-to.<br /><br />This description can be condensed under certain circumstances:<br /><br />For example, if I make a note describing a certain circumstance to myself, I am both describer and described-to.<br /><br />And this description can be expanded:<br /><br />For example, the descrying of the described and the description might in all cases be considered cases of description by the perceptual apparatuses of and to the descryer-describer and descryer-described-to, involving natural descriptive processes, media and products.<br /><br />This is the true description of truth.<br /><br /><br />http://jdkabc.blogspot.com/2014/04/what-is-truth.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-4900476396504082049Wed, 16 Apr 2014 21:28:00 +00002014-04-16T17:36:38.589-04:00Second Appeal<style type="text/css">P { margin-bottom: 0.08in; direction: ltr; widows: 2; orphans: 2; }</style> <br /><div align="CENTER" style="margin-bottom: 0in;"><span style="font-family: Times New Roman, serif;"><span style="font-size: medium;"><b>United States Court of Appeals</b></span></span></div><div align="CENTER" style="margin-bottom: 0in;"><span style="font-family: Times New Roman, serif;"><span style="font-size: medium;"><b>For the Sixth Circuit</b></span></span></div><div style="margin-bottom: 0in;"><br /></div><div align="CENTER" style="margin-bottom: 0in;"><span style="font-size: medium;"><b><span style="font-family: Times New Roman, serif;">Case Number: </span><span style="font-family: Times New Roman, serif;">14-5246</span><span style="font-family: Times New Roman, serif;">(In)</span></b></span></div><div align="LEFT" style="margin-bottom: 0in;"><br /></div><div align="LEFT" style="margin-bottom: 0in;"><br /></div><div align="LEFT" style="margin-bottom: 0in;"><span style="font-family: Times New Roman, serif;"><span style="font-size: medium;"><b>JOHN DAVID KENNARD</b></span></span></div><div align="LEFT" style="margin-bottom: 0in;"><br /></div><div align="LEFT" style="margin-bottom: 0in;"><span style="font-family: Times New Roman, serif;"><span style="font-size: medium;"><b>Plaintiff-Appellant</b></span></span></div><div align="LEFT" style="margin-bottom: 0in;"><br /></div><div align="LEFT" style="margin-bottom: 0in;"><span style="font-family: Times New Roman, serif;"><span style="font-size: medium;"><b>vs.</b></span></span></div><div align="LEFT" style="margin-bottom: 0in;"><br /></div><div align="LEFT" style="margin-bottom: 0in;"><span style="font-family: Times New Roman, serif;"><span style="font-size: medium;"><b>CITY OF ASHLAND, KENTUCKY; BOYD COUNTY, KENTUCKY</b></span></span></div><div align="LEFT" style="margin-bottom: 0in;"><br /></div><div align="LEFT" style="margin-bottom: 0in;"><span style="font-family: Times New Roman, serif;"><span style="font-size: medium;"><b>Defendants-Appellees</b></span></span></div><div style="margin-bottom: 0in;"><br /></div><div style="margin-bottom: 0in;"><br /></div><div align="CENTER" style="margin-bottom: 0in;"><span style="font-family: Times New Roman, serif;"><span style="font-size: medium;"><b>Pro se Appellant’s Brief</b></span></span></div><div style="margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in; page-break-before: auto;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>1. This is an appeal by the Plaintiff pro se and in forma pauperis in the case of John David Kennard v. City of Ashland, KY, and Boyd County, KY, in the United States District Court, Eastern District of Kentucky, Northern Division at Ashland, Civil Action No. 12-28-HRW, filed April 5, 2012 [Docket No. 1], from that Court's Memorandum Opinion and Order adverse to him dated February 10, 2014 [Docket No. 30].</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>2. The appeal is on the original ground of the case, of Defendants-Appellees' violations of Plaintiff-Appellant's Fourth and Fifth Amendment and other due process rights.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div align="CENTER" style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Operative Facts</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>3. The facts of this case have been rehearsed numerous times in the course thereof, that (a) Plaintiff-Appellant was driven out of his wholly-owned home on March 7, 2012, by officers and employees of Defendant-Appellant City of Ashland, Kentucky, and his home padlocked against him, rendering him homeless, for inability to afford utilities; (b) City of Ashland at the same time dragged by their necks using clamping poles his eight companions, feline persons Abby, her daughter Squeaky and son Max; Maggie; (female) Gray; (male) Fumey; and Sunny and his sister Claudia, all neutered, fully-domesticated, and timid (terrified of strangers), from under and behind furniture and appliances as they tried to hide, and caged them; (c) City of Ashland then took said feline persons to Defendant-Appellee Boyd County's “Animal Control Center”, where they were kept in lieu of payment of $20 apiece for seven days raised to $60 apiece thereafter, and, after ten days in which Plaintiff-Appellant was unable to pay, all eight were killed, all in routine coordination with the City of Ashland; and (d) there was no charge, indictment, trial, conviction, sentence or court order before said violence by Defendants-Appellees against Plaintiff-Appellant and his companions.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>At the very moment that the City of Ashland was carrying out such violence against Plaintiff-Appellant and his companions, it was taking monies from the Federal Department of Housing and Urban Development's Homelessness Prevention and Rapid Rehousing Program (HPRP), via the Kentucky Housing Corporation, to prevent homelessness due to inability to pay utilities.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div align="CENTER" style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Arguments</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>4. Plaintiff-Appellant filed the present combined tort and civil-rights suit against Defendants-Appellees City of Ashland and County of Boyd on April 5, 2012, first using a supplied form [Docket No. 1], and then filing a fuller and clearer originally-composed Amended Complaint on April 10 following [Docket No. 4]..</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Hi</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>s case throughout has been and is that </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>the</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>City of Ashland and County of Boyd acting as monolith violated his fundamental human rights to be secure in his home and property, rights </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>explicitly </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>recognized by the Fourth Amendment, as well as his rights to correspondingly-substantive due process </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>explicitly </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>guaranteed by both the Fourth and Fifth Amendments before such fundamental rights be invaded, in particular the right to trial.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>He argues furthermore that the present case involves exactly the sort of bureaucratic totalitarian and mobster violence which the Fourth and Fifth Amendments were intended to prohibit and, upon failing to deter, to provide supreme legal foundation against in citizen recourse to the courts.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>He adds that b</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>y “correspondingly-substantive due process” he meant and means that such fundamental human rights can only be invaded on substantial proof (not </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Legislative, </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Executive or administrative presumption) of substantial injury (no mere misdemeanor can ever justify such invasion) in substantial procedure, to wit trial overseen by an independent judiciary.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>And he maintains that our Constitution was written to be read, understood and applied by the citizenry, “by comparing the plain import of the words, with the general tenor and object of the instrument” (Gouverneur Morris, who wrote the final form of our Constitution in Convention, to Timothy Pickering, in a famous letter dated December 22, 1814). And if anything can be inferred from words, Constitution, history and human experience, it is that those who framed, campaigned, voted for and won the passage of the Fourth and Fifth Amendments did not celebrate upon that victory their establishment of the power of the State to as a matter of administrative routine drive the citizenry out of their homes, and even kill their housepets, without trial. And since the governments of town and city, county and parish, are those which the citizenry face in everyday life across the country, if such bureaucratic totalitarian and mobster savagery at such level of government be upheld by the Federal courts, then our Constitution itself amounts according to those courts to no more than a charter for such bureaucratic totalitarian and mobster State. But it was a catchphrase among the original framers and generation that established our Constitution including Bill of Rights that “An elective despotism is not the government we fought for” [see Jefferson, <i>Notes on the State of Virginia</i>, and (Madison), <i>The Federalist</i>, No. 48].</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>5</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>. Defendant-Appellee City of Ashland </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>i</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>n </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>its</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Motion for Summary Ju</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>dgment</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b></b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>of November 6, 2013</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>[</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Docket No. </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>25</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>]</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b></b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>admit</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>ted</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>the applicability of the Fourth and Fifth Amendments to the </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>prese</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>nt and similar cases but assert</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>ed</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b></b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>and cited a number of precedents supporting </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>a doct</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>r</b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>ine of "minimal" fulfillment of any </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Constitutional </b></span></span><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>procedural requirements involved.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Plaintiff-Appellant argued in his countering Motion of November 27, 2013 [Docket No. 26], that all powers and rights originally and ultimately reside in the people; every governmental power is a partial or complete transfer of one or more powers or rights from the people to government, and every power or right of the people not so transferred is a restriction or limitation of the power of government; our Constitutional (and lesser statutory) system restricts governmental powers to those explicitly placed in government, retaining all others in the people, a doctrine explicitly established in the Ninth and Tenth Amendments, extended by the Fourteenth Amendment to the powers and rights of the people as State citizens and corresponding limitations on the powers of the States; that it can easily therefore be seen that our fundamental Constitutional doctrine and statutes minimize <i>governmental</i>powers and <i>maximize</i> the powers and rights of the people; and that any doctrine of "minimization" of the powers and rights of the people entirely contradicts this fundamental doctrine of our Constitutional system.</b></span></span><br /><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>&nbsp; </b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>6. The Court in its above-referenced and appealed-from Memorandum Opinion and Order does not directly reference either argument but argues and cites precedents instead for substituting in American law, for the independent process and Judiciary our Constitution establishes, local simulation of that process provided by and dependent on local authority.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Plaintiff-Appellant respectfully but emphatically submits that such “process” is not the independent process and Judiciary established by our Constitution; is necessarily wrapped in and permeated by local influence; and as such is understandably attractive to local bureaucratic totalitarians and mobsters, since it makes them collectively and more or less directly judges in their own causes (“Next to the impropriety of being Judge in one's own cause, is the appointment of the Judge”—Morris again, in Convention), which fraud as worthy instrument of predictably forwards local bureaucratic totalitarianism and mobsterism, as evidenced by the fraud and cruelty piled on fraud and cruelty of the present case.</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div align="CENTER" style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>Reliefs Sought</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div><div style="line-height: d%; margin-bottom: 0in;"><span style="font-family: Nimbus Roman No9 L, serif;"><span style="font-size: medium;"><b>7. Plaintiff-Appellant respectfully seeks reversal of the decision of the above-referenced Memorandum Opinion and Order [Docket No. 30], and to be granted the minimal but appropriate reliefs sought in his above-referenced Amended Complaint [Docket No. 4].</b></span></span></div><div style="line-height: d%; margin-bottom: 0in;"><br /></div>http://jdkabc.blogspot.com/2014/04/second-appeal.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-5755140040489248761Thu, 27 Mar 2014 21:59:00 +00002014-03-27T18:04:31.707-04:00Walls&nbsp;First there are animal-paths, generally made or mostly maintained by the passage of larger hooved animals, as they find and use the shortest or easiest ways between food and water, also used and crossed and recrossed by animals of all kinds.<br /><br />&nbsp;Then we humans come and use those paths, too, using the easier ones for horse-paths.<br /><br />&nbsp;Then we use the easiest of those as wagon-roads, traffic and weights and wheels rutting and eroding, making it difficult for the smallest animals to cross, killing some beneath the wheels.<br /><br />&nbsp;Now traffic increases, and its frequency and weights and wheels make the roads still more difficult and dangerous for small animals to cross, killing more beneath the wheels.<br /><br />&nbsp;Now traffic increases further, and its speeds increase, and the roads are widened and graveled, with crossing still more difficult and dangerous for many small animals, killing still more beneath the wheels.<br /><br />&nbsp;Now comes the automobile, and traffic increases further, and weights, and speeds, killing more and more animals, and larger and larger ones, and it even starts becoming dangerous for birds and bees and butterflies to fly low across the roads.<br /><br />&nbsp;Now the roads are asphalted, and traffic and and weights and speeds increase further, and still more and more animals are killed as they try to cross or fly low across the roads, which are becoming walls of asphalt and machine and draft between water and wood everywhere, making it dangerous for the other animals of our living world to reach water, or food, even to pollinate.<br /><br />&nbsp;And now the roads are asphalt and concrete and multilane, with dividers and chain-link fences and actual concrete walls, impossible for animals to cross or fly low across, killing all that try, and the roads have become Walls of asphalt and concrete and machines and draft between wood and water everywhere, slicing our living world into smaller and smaller sections, making it less and less able to sustain itself.<br /><br />&nbsp;These our Walls between wood and water everywhere, slicing our living world into smaller and smaller and ever-less-diverse sections, are classic and pervasive examples of a change in quantity becoming or being also a change in quality (Hegel, Marx), examples devastating our living world.<br /><br />&nbsp;These our Walls are equally classic examples of our tunnel-vision typical even of our engineers and scientists with regard to the effects of our constructions and technologies upon our living world.<br /><br />&nbsp;And these our Walls are equally classic examples of our contempt for our living world (witness in particular the popularity of "road-kill" jokes).<br /><br />&nbsp;But what fairer way to judge us as a species, than by how we treat one another, and our living world?<br /><br /><br />&nbsp;[See also:<br /><br />&nbsp;[ <a href="http://jdkabc.blogspot.com/2012/08/jewel.html">"Jewel"</a><br />&nbsp;[ <a href="http://jdkabc.blogspot.com/2010/07/overpopulation-equation.html">"The Overpopulation Equation"</a><br />&nbsp;[ <a href="http://jdkabc.blogspot.com/2011/02/geocide.html">"Geocide"</a><br />&nbsp;[ <a href="http://jdkabc.blogspot.com/2010/10/savage-principle-new-adage.html">"The Savage Principle"</a><br />&nbsp;[ <a href="http://jdkabc.blogspot.com/2012/07/population-law-1-approximation.html">"Population Law: The 1% Solution"</a><br />&nbsp;[ <a href="http://mechanomers.blogspot.com/2012/05/photonomics-photosynthetic-economy.html">"Photonomics: The Photosynthetic Economy"</a><br />&nbsp;[ <a href="http://jdkabc.blogspot.com/2011/04/just-limits-of-wealth-and-concentration.html">"The Just Limits of Wealth and Concentration of Wealth"</a><br />&nbsp;[ <a href="http://jdkabc.blogspot.com/2011/06/beyond-plutocracy-and-its-two.html">"Beyond Plutocracy and Its Two-Plutocratic-Party System"</a><br />&nbsp;[ <a href="http://jdkabc.blogspot.com/2012/04/world-without-lies-evil-or-violence.html">"A World Without Lies, Evil or Violence"</a><br />&nbsp;[ <a href="http://www.lulu.com/items/volume_64/6606000/6606353/10/print/6606353.pdf"><i>The Uncivil War</i></a> ]<br /> http://jdkabc.blogspot.com/2014/03/walls.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-6152698916071681461Mon, 23 Dec 2013 19:40:00 +00002014-01-17T14:34:44.724-05:00"Affluenza":"It's the Noo USAye" III&nbsp;"Affluenza," the affliction cited by a psychologist to argue that a North Texas teenager from a wealthy family should not be sent to prison for killing four pedestrians while driving drunk, is not a recognized diagnosis and should not be used to justify bad behavior, experts said Thursday.<br /><br />A judge's decision to give 16-year-old Ethan Couch 10 years of probation for the fatal accident sparked outrage from relatives of those killed and has led to questions about the defense strategy. A psychologist testified in Couch's trial in a Fort Worth juvenile court that as a result of "affluenza," the boy should not receive the maximum 20-year prison sentence prosecutors were seeking.<br /><br />The term "affluenza" was popularized in the late 1990s by Jessie O'Neill, the granddaughter of a past president of General Motors, when she wrote the book "The Golden Ghetto: The Psychology of Affluence." It has since been used to describe a condition in which children — generally from richer families — have a sense of entitlement, are irresponsible, make excuses for poor behavior, and sometimes dabble in drugs and alcohol, explained Dr. Gary Buffone, a Jacksonville, Fla., psychologist who does family wealth advising.<br /><br />But Buffone said in a telephone interview Thursday that the term wasn't meant to be used as a defense in a criminal trial or to justify such behavior.<br /><br />"The simple term would be spoiled brat," he said.<br /><br />"Essentially what he (the judge) has done is slapped this child on the wrist for what is obviously a very serious offense which he would be responsible for in any other situation," Buffone said. "The defense is laughable, the disposition is horrifying … not only haven't the parents set any consequences, but it's being reinforced by the judge's actions" . . . :<br /><br /><a href="http://www.usatoday.com/story/news/nation/2013/12/12/affluenza-dwi-dui-texas/3999487/">http://www.usatoday.com/story/news/nation/2013/12/12/affluenza-dwi-dui-texas/3999487/</a><br /><br /><a href="http://www.theguardian.com/commentisfree/2013/dec/15/affluenza-texas-dui-ethan-couch">Affluenza: the latest excuse for the wealthy to do whatever they want</a><br /><br /><br />"I was raised in a wealthy family that never taught me to take responsibility for my actions, so I therefore should not be held liable for anything I do."<br /><br />It's funny how that doesn't fly for poor or working-class families, isn't it?<br /><br />But as Plutarch said, "it is only worthless men who seek to excuse that deterioration of their character by pleading neglect in their early years."<br /><br />And it is only worthless courts that excuse the wealthy for their misdeeds on account of their wealth. <br /><br />And it's not Ethan Couch, or the Couch family, or the Waltons, or the Kochs, that have "affluenza":<br /><br />It's <a href="http://jdkabc.blogspot.com/2012/05/beyond-plutocracy-and-its-two.html">America.</a><br /><br /><br />(See also:<br /><br /><a href="http://jdkabc.blogspot.com/2010/11/ye-olde-american-plutocracy.html">Ye Olde American Plutocracy</a><br /><br /><a href="http://jdkabc.blogspot.com/2010/11/ye-olde-american-plutocracy-part-ii.html">Ye Olde American Plutocracy Part II</a><br /><br /><a href="http://jdkabc.blogspot.com/2010/11/its-noo-usaye.html">"It's the Noo USAye"</a><br /><br /><a href="http://jdkabc.blogspot.com/2011/04/its-noo-usaye-ii.html">"It's the Noo USAye" II</a><br /><br /><a href="http://jdkabc.blogspot.com/2011/06/beyond-plutocracy-and-its-two.html">Beyond Plutocracy and Its Two-Plutocratic-Party System</a><br /><br />)<br /><br />http://jdkabc.blogspot.com/2013/12/affluenza-its-noo-usaye-iii.htmlnoreply@blogger.com (John Kennard)0tag:blogger.com,1999:blog-9974372.post-2246540613231028815Thu, 05 Dec 2013 22:16:00 +00002013-12-05T17:21:13.093-05:00Second Round<center>IN THE UNITED STATES DISTRICT COURT</center><center>FOR THE EASTERN DISTRICT OF KENTUCKY</center><center>NORTHERN DIVISION AT ASHLAND</center><center>CASE NO. 0:12-CV-00028-HRW</center><br />JOHN DAVID KENNARD, PLAINTIFF <br /><br />VS. <br /><br />CITY OF ASHLAND, KENTUCKY, ET AL., DEFENDANTS <br /><br /><br /><center>PLAINTIFF JOHN DAVID KENNARD'S</center><center>MEMORANDUM OF LAW IN SUPPORT OF HIS</center><center>MOTION FOR SUMMARY JUDGMENT</center><br /><br />1. The Plaintiff, John David Kennard, submits this Memorandum of Law in support of his Motion for Summary Judgment. Based on the allegations of the Complaint and Amended Complaint filed herein, and on the responses of the Defendants City of Ashland, Kentucky, and County of Boyd, Kentucky, it is clear that the Plaintiff John David Kennard is entitled to summary judgment as a matter of law on his claims against the Defendants City of Ashland, Kentucky, and County of Boyd, Kentucky. <br /><br />2. This case is on remand from the Sixth Circuit Court of Appeals, Case No. 13-5406, with instructions for this Court to consider the procedural due process claim clearly set out in the Plaintiff's Amended Complaint. <br /><br />3.&nbsp; Defendant City of Ashland filed a Motion for Summary Judgment on November 6, 2013, to which this Motion is Answer and Countermotion.<br /><br /><br /><center>I. OPERATIVE FACTS</center><br />4. The Court has been fully briefed on the facts of this case previously, but the Movant rehearses the facts under penalty of perjury relevant to the resolution of the Plaintiff's procedural due process claim forthwith: <br /><br />(a) On March 7, 2012, the Plaintiff was driven out of his wholly-owned home by officers and employees of Defendant City of Ashland for inability to afford utilities, and the doors of his home drilled and padlocked by them. <br /><br />(b) At the same time, Plaintiff's eight housecats, feline persons Abbie; her daughter Squeaky and son Max; Maggie; (female) Gray; (male) Fumey; and Sunny and his sister Claudia, neutered, fully-domesticated indoor animals, the Plaintiff's sole companions for seven years to that date, timid and terrified of strangers, were dragged by officers and employees of Defendant City of Ashland by their necks using clamping poles from under and behind furniture and appliances rodeo-style as they tried to hide, caged, and taken to Defendant County of Boyd's Animal Control Center, in routine coordination therebetween. <br /><br />(c) The Plaintiff spoke with County of Boyd Animal Control Center Director Paul Helton by telephone on two occasions during the first week thereafter, informing him that said feline persons had been seized from the Plaintiff's home and that the Plaintiff could not afford the ransom demanded for them of $20 apiece during the first week amounting to $160 total, rising to $60 apiece thereafter amounting to $480 total, and they were shortly thereafter routinely killed. <br /><br />(d) All of the foregoing acts of violence were committed in routine coordination by Defendants City of Ashland and County of Boyd against the Plaintiff and his companions in the complete absence of any charge, trial, conviction, sentence or court order. <br /><br />(e) The Plaintiff discovered two days after his eviction and the seizure of his companions that the Defendant City of Ashland was at that very time taking Federal monies from the Department of Housing and Urban Development’s Homelessness Prevention and Rapid Rehousing Program, via the Kentucky Housing Corporation, to prevent such evictions; immediately inquired by telephone as to how the City of Ashland could both take such monies and simultaneously evict poor and misfortunate citizens for inability to afford utilities; and was told “That’s a different department”. <br /><br /><center>II. ARGUMENT</center><br />5. Defendants City of Ashland and County of Boyd working routinely together violated in the most brutal way the Plaintiff’s fundamental human rights to be secure in his home and property, rights recognized by the Fourth Amendment to our Federal Constitution, as well as his rights to correspondingly-substantive due process guaranteed by both the Fourth and Fifth Amendments before such fundamental rights be invaded, in particular the right to trial: <br /><br />By “correspondingly-substantive due process” he means that such fundamental human rights can only be invaded on substantial proof (not Executive or administrative or Legislative presumption) of substantial injury (no mere misdemeanor can ever justify such invasion) in substantial procedure, to wit trial overseen by the independent Judiciary provided for in our Constitutions both Federal and State. <br /><br />Defendants also deprived the Plaintiff in the most brutal and permanent way of his long-time companionship with his eight housecats Abbie, Squeaky, Max, Maggie, Gray, Fumey, Sunny and Claudia. <br /><br />6. In previous pleading in this case, Defendant City of Ashland asserted that its "police powers" were superior to the Plaintiff's Fourth and Fifth Amendment rights, an obviously un-Consitutional doctrine since the very definition of those powers is those not denied to government by our Federal Constitution, or explicitly vested thereby solely in the Federal government, or retained by the people, and restricted by the Fourteenth Amendment to those powers analogous to the Federal but not explicitly and solely vested in the latter (see below). <br /><br />In its Motion for Summary Justice of November 6th, 2013, Defendant City of Ashland shifts its ground and admits the applicability of the Fourth and Fifth Amendments to the instant and similar cases but asserts a doctrine of "minimal" fulfillment of any procedural requirements involved. <br /><br />All powers and rights originally and ultimately reside in the people. Every governmental power is a partial or complete transfer of one or more powers or rights from the people to government, and every power or right of the people not so transferred is a restriction or limitation of the power of government. Our American Federal Constitutional (and lesser statutory) system restricts governmental powers to those explicitly placed in government, retaining all others in the people:&nbsp; This doctrine was explicitly established by the people in the interpretative articles of our Federal Constitution, the Ninth and Tenth Amendments, themselves amended by the Fourteenth Amendment, which extends the powers and rights of the people as Federal citizens, and therefore restrictions on Federal governmental powers, to the people as State citizens as well, and therefore extending the corresponding limitations on Federal powers to the powers of the States as well. <br /><br />It can easily be seen that our fundamental Constitutional doctrine and statutes minimize <i>governmental</i> powers and <i>maximize</i> the powers and rights of the people. <br /><br />And any doctrine of "minimization" of the powers and rights of the people entirely contradicts this fundamental doctrine of our Constitutional system. <br /><br />Indeed, Defendant City of Ashland not only asserts an un-Constitutional maximization of its powers and minimization of the powers and rights of the people residing therein, but its assertion that the Fourth and Fifth Amendments do not require independent Judicial mediation before driving the poor out of their wholly-owned homes and killing their pets for inability to afford utilities amounts not just to minimization but <i>nullification</i> of the powers and rights of the people involved as well as the authority of the Judiciary. <br /><br />7. Finally, justice delayed is justice denied: It has been twenty months since the Plaintiff filed the present simple Constitutional and tort case against Defendants City of Ashland and County of Boyd, during which time he has been homeless due to the violence practiced upon him and his companions by them. <br /><br /><center>III. CONCLUSION</center><br />8. For all of the foregoing reasons, the Plaintiff John David Kennard prays that this Court enters summary judgment in his favor against Defendants City of Ashland and County of Boyd on his claim for compensation due to their violations of his Constitutional right to be secure in his home and property and to due process and for related injuries, and grants the reliefs sought in his Amended Complaint.<br /><br /><br />[This is a little rough, but I thought I had thirty days to respond to the City of Ashland's Motion for Summary Judgment; got nervous and double-checked, and found I only had twenty-one; pulled an all-nighter Tuesday night before last (I'd already grasped the argument, and used the City's Motion and Memorandum as my models); spent Wednesday scraping up printout, mailers, postage, etc., through the kindness of friends; and filed last Thursday.<br /><br />[In particular, the third paragraph of section 6 should read at the end "the Fourteenth Amendment, which extends the powers and rights of the people as Federal citizens to them as State citizens, and the corresponding limitations on Federal powers to State powers—and the States cannot delegate powers they do not have to inferior jurisdictions such as municipalities and counties.")]<br /><br />http://jdkabc.blogspot.com/2013/12/second-round.htmlnoreply@blogger.com (John Kennard)1